[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 4-14-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This policy is reviewed and readopted annually at the
Village organizational meeting.
This investment policy applies to all moneys and other financial resources
available for investment on its own behalf or on behalf of any other entity
or individual.
The primary objectives of the local government's investment activities
are, in priority order:
The governing Board's responsibility for administration of the investment
program is delegated to the Village Treasurer who shall establish written
procedures for the operation of the investment program consistent with these
investment guidelines. Such procedures shall include an adequate internal
control structure to provide a satisfactory level of accountability based
on a database or records incorporating description and amounts of investments,
transaction dates, and other relevant information and regulate the activities
of subordinate employees.
A.
All participants in the investment process shall seek
to act responsibly as custodians of the public trust and shall avoid any transaction
that might impair public confidence in the Village of Great Neck Estates to
govern effectively.
B.
Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence discretion and intelligence
exercise in the management of their own affairs, not for speculation, but
for investment, considering the safety of the principal as well as the probable
income to be derived.
C.
All participants involved in the investment process shall
refrain from personal business activity that could conflict with proper execution
of the investment program, or which could impair their ability to make impartial
decisions.
It is the policy of the Village of Great Neck Estates to diversify its
deposits and investments by financial institution, by investment instrument,
and by maturity scheduling.
A.
It is the policy of the Village of Great Neck Estates
for all moneys collected by any officer or employee of the government to transfer
those funds to the Chief Fiscal Officer within two days of deposit, or within
the time period specified in law, whichever is shorter.
B.
The Village Clerk is responsible for establishing and
maintaining an internal control structure to provide reasonable, but not absolute,
assurance that deposits and investments are safeguarded against loss from
unauthorized use or disposition, that transactions are executed in accordance
with management's authorization and recorded properly, and are managed in
compliance with applicable laws and regulations.
The list of banks and trust companies authorized for the deposit of
moneys up to the maximum amounts is available in the Village Clerk's office.
In accordance with the provisions of the General Municipal Law § 10,
all deposits of the Village of Great Neck Estates, including certificates
of deposit and special time deposits, in excess of amount insured under the
provisions of the Federal Deposit Insurance Act shall be secured:
A.
By a pledge of eligible securities with an aggregate
market value as provided by General Municipal Law § 10, equal to
the aggregate amount of deposits from the categories designated in Appendix
A to the policy.
B.
By an eligible irrevocable letter of credit issued by
a qualified bank other than the bank with the deposits in favor of the government
for a term not to exceed 90 days with an aggregate value equal to 140% of
the aggregate amount of deposits and the agreed upon interest, if any. A qualified
bank is one whose commercial paper and other unsecured short-term debt obligations
are rated in one of the three highest rating categories by at least one nationally
recognized statistical rating organization or by a bank that is in compliance
with applicable federal minimum risk-based capital requirements.
C.
By an eligible surety bond payable to the government
for an amount at least equal to 100% of the aggregate amount of deposits and
the agreed upon interest, if any, executed by an insurance company authorized
to do business in New York State, whose claims-paying ability is rated in
the highest rating category by at least two nationally recognized statistical
rating organizations.
A.
Eligible securities used for collateralizing deposits
shall be held by Chase Manhattan Bank and Bank of New York Trust Company,
subject to security and custodial agreements.
B.
The security agreement shall provide that eligible securities
are being pledged to secure local government deposits together with agreed-upon
interest, if any, and any costs or expenses arising out of the collection
of such deposits upon default. It shall also provide the conditions under
which the securities may be sold, presented for payment, substituted or released
and the events which will enable the local government to exercise its rights
against the pledged securities. In the event that the securities are not registered
or inscribed in the name of the local government, such securities shall be
delivered in a form suitable for transfer or with an assignment in blank to
the Village of Great Neck Estates or its custodial bank.
C.
The custodial agreement shall provide that securities
held by the bank or trust company, or agent of and custodian for, the local
government, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled
with or become part of the backing for any other deposit or other liabilities.
The agreement should also describe that the custodian shall confirm the receipt,
substitution or release of the securities. The agreement shall provide for
the frequency or revaluation of eligible securities and for the substitution
of securities when a change in the rating of the security may cause ineligibility.
Such agreement shall include all provisions necessary to provide the local
government a perfected interest in the securities.
A.
As authorized by General Municipal Law § 11,
the Village of Great Neck Estates authorizes the Village Treasurer to invest
moneys not required for immediate expenditure for terms not to exceed its
projected cash flow needs in the following types of investments:
(1)
Special time deposit accounts.
(2)
Certificates of deposit.
(3)
Obligations of the United States of America.
(4)
Obligations guaranteed by agencies of the United States
of America where the payment of principal and interest are guaranteed by the
United States of America.
(5)
Obligations of the State of New York.
(6)
Obligations issued pursuant to the Local Finance Law
§ 24.00 or 25.00 (with approval of the State Comptroller) by any
municipality, school district or district corporation other than the Village
of Great Neck Estates.
(7)
Obligations of public authorities, public housing authorities,
urban renewal agencies and industrial development agencies where the general
State statutes governing such entities or whose specific enabling legislation
authorizes such investments.
(8)
Certificates of Participation (COPs) issued pursuant
to General Municipal Law § 109-b.
(9)
Obligations of this local government, but only with any
moneys in the reserve fund established pursuant to General Municipal Law § 6-c,
6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m or 6-n.
B.
All investment obligations shall be payable or redeemable
at the option of the Village of Great Neck Estates within such times as the
proceeds will be needed to meet expenditures for purposes for which the moneys
were provided and, in the case of obligations purchased with the proceeds
of bonds or notes, shall be payable or redeemable at the option of the Village
of Great Neck Estates within two years of the date of purchase.
The Village of Great Neck Estates shall maintain a list of financial
institutions and dealers approved for investment purposes and establish appropriate
limits to the amount of investments which can be made with each financial
institution or dealer. All financial institutions with which the local government
conducts business must be creditworthy. Banks shall provide their most recent
Consolidated Report of Condition (Call Report) at the request of the Village
of Great Neck Estates. Security dealers not affiliated with a bank shall be
required to be classified as reporting dealers affiliated with the New York
Federal Reserve Bank, as primary dealers. The Village Treasurer is responsible
for evaluating the financial position and maintaining a listing of proposed
depositaries, trading partners and custodians. Such listing shall be evaluated
at least annually.
A.
The Village Treasurer is authorized to contract for the
purchase of investments:
(1)
Directly, including through a repurchase agreement, from
an authorized trading partner.
(2)
By participation in a cooperative investment program
with another authorized governmental entity pursuant to Article 5G of the
General Municipal Law where such program meets all the requirements set forth
in the Office of the State Comptroller Opinion No. 88-46, and the specific
program has been authorized by the governing board.
(3)
By utilizing an ongoing investment program with an authorized
trading partner pursuant to a contract authorized by the governing board.
B.
All purchased obligations, unless registered or inscribed
in the name of the local government, shall be purchased through, delivered
to and held in the custody of a bank or trust company. Such obligations shall
be purchased, sold or presented for redemption or payment by such bank or
trust company only in accordance with prior written authorization from the
officer authorized to make the investment. All such transactions shall be
confirmed in writing to the Village of Great Neck Estates by the bank or trust
company. Any obligation held in the custody of a bank or trust company shall
be held pursuant to a written custodial agreement as described in General
Municipal Law § 10.
C.
The custodial agreement shall provide that securities
held by the bank or trust company, as agent of and custodian for, the local
government, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled
with or become part of the backing for any other deposit or other liabilities.
The agreement shall describe how the custodian shall confirm the receipt and
release of the securities. Such agreement shall include all provisions necessary
to provide the local government a perfected interest in the securities.
Repurchase agreements are authorized subject to the following restrictions:
A.
All repurchase agreements must be entered into subject
to a Master Repurchase Agreement.
B.
Trading partners are limited to banks or trust companies authorized
to do business in New York State and primary reporting dealers.
C.
Obligations shall be limited to obligations of the United States
of America and obligations guaranteed by agencies of the United States of
America.
D.
No substitution of securities will be allowed.
E.
The custodian shall be a party other than the trading partner.